On 30 June 2000, the NSW Industrial Relations Commission established a new wage fixation principle – the Equal Remuneration and Other Conditions principle – to address applications of undervaluation on a gender basis.

The Equal Remuneration Principle Case now allows applications to be made to re-assess work and re-evaluate the work value of an award, on the basis that:

• the rate of pay does not represent a proper value of the work under traditional work value criteria; and
• that undervaluation is in relation to the sex of those performing the work.

The Commission notes that while each case is to be based on its merits, it is unlikely that occupations and industries that do not have 60% female (or male) domination are unlikely to satisfy the criteria. In assessing any gender-based undervaluation the Commission will consider the history of the award. The test does not require a finding of discrimination. Comparators may be used but are not necessary.

The principle provides a broad range of remedies including increasing rates, changes to conditions of employment, new career paths or changes in incremental scales.

The Commission has issued a Practice Direction requiring parties with their application for a consent award to file an affidavit stating on what basis the proposed award provides for equal remuneration and other conditions of employment for men and women doing work of equal or comparable value. A copy of the Practice Direction is also attached.

Any inquires regarding the Equal Remuneration Principle may be directed to Elizabeth Casey, Public Sector Management Office on telephone 9228 3564 or Di Fruin, Office of Director Equal Opportunity in Public Employment on telephone 9248 3525.

C Gellatly
Director-General